Thursday, June 28, 2012

Earlier today, the United States Supreme Court upheld the
majority of the provisions contained in President Obama’s healthcare
legislation.Twenty-six states had
challenged this legislation that would require citizens to purchase health
insurance that met government mandated minimum standards; those who do not purchase
said insurance will be fined.Many have
termed this case “the most significant before the court since at least the 2000
Bush v. Gore ruling”.

Relying on Congress’ power to levy taxes, the Court voted
5-4 to uphold this provision.The
primary restriction that this ruling placed on the health care legislation
related to the expansion of Medicaid by states; with the ruling, states will be
given the flexibility to expand their Medicaid programs less than originally legislated
without fear of being fined.

Republicans have vowed to continue fighting this
legislation.Presumptive Republican
candidate for President, Mitt Romney, has stated he will reverse this
legislation if he is elected.While the
goal of the legislation was to resolve the issue of the large number of
uninsured citizens many are claiming that this legislation now opens the door
for the government to require its citizens to purchase anything the government
feels is a necessity, “with broccoli becoming the central example in court
arguments.”

One of the major issues with this legislation is that many
are not please that the government is requiring them to make a purchase that
used to be their personal decision.Most citizens are now required to purchase
insurance whether they wish to or not, and whether they have the means to
afford it or not.The legislation does
provide support for “poor and nearly poor households”, but there are others out
there who do not qualify for this support that still may have issues affording
this government mandated insurance.

The other main concern is determining where the government’s
powers end with this type of legislation.Surely the government cannot require its citizens to buy broccoli, but
there are certainly other items the government may deem necessary for citizens’
well-being that are unnecessary and/or unaffordable to some.Should the government try to expand these
powers into other areas, the Supreme Court will be required to create clearer
guidelines on what the government can and cannot require its citizens to
purchase.